Legal: Terms of Service

Terms of Service

Effective: October 6, 2026

Primary Diagnostics, Inc. d/b/a Primary.Health (referred to as “Primary,” “we,” “us,” or “our”) owns and operates the website located at https://primary.health and its subdomains, and its accompanying mobile application (collectively, the “Site” or “Sites”). Through these Sites, we operate online services that enable individuals (“Users”) to receive various types of health care information; schedule, receive, and get results for testing and other health services; and participate in programs offered through employers, schools, public health agencies, and other organizations (collectively, “Services”). The Sites also have public portions that allow anyone to educate themselves on the Services available from Primary. Our tools for health care providers and public health agencies, such as Health by Primary.Health (my.primary.health) and Vax by Primary.Health (the “Provider Tools”), are governed by separate terms, as described in “Other Terms That May Apply” below.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN THE “ARBITRATION AND DISPUTE RESOLUTION AGREEMENT” SECTION BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE “ARBITRATION AND DISPUTE RESOLUTION AGREEMENT” SECTION AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

AGREEMENT TO THESE TERMS AND LICENSE TO USE

YOUR ACCESS TO AND USE OF THE SITES AND SERVICES IS SUBJECT TO YOUR AGREEMENT WITH THESE TERMS OF SERVICE (THESE “TERMS”). OUR PRIVACY POLICY DESCRIBES HOW WE COLLECT, USE, AND DISCLOSE YOUR INFORMATION. BY ACCESSING OR USING THE SITES OR SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS ANY OF THE SITES OR SERVICES FOR ANY PURPOSE. PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

Subject to your agreement to and compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-shareable, revocable, limited license to use the Sites solely for your personal, non-commercial use or, if you are an authorized administrator of an organization that offers our programs, for your organization’s internal use in connection with those programs, in each case in accordance with these Terms.

OTHER TERMS THAT MAY APPLY

Some Services are subject to additional terms (“Additional Terms”), which are incorporated into these Terms when they apply:

• Provider Tools. The Provider Tools are governed by our Provider Tools Terms of Service at https://www.primary.health/terms-of-service-provider-tools/ and any business associate agreement between Primary and the health care provider, and not by these Terms. If you use the Sites in connection with a Provider Tool, the Provider Tools Terms of Service control.
• Organization programs. If you use the Services through a program offered by your employer, school, public health agency, or another organization, the program’s terms and our agreement with that organization may also apply.
• Health information. Our Notice of Privacy Practices at https://www.primary.health/privacy-practices-notice-of/ (or your health care provider’s notice, when we act on its behalf) governs how your health information is used and shared; our Privacy Policy (https://www.primary.health/privacy-policy/) and Consumer Health Data Privacy Notice (https://www.primary.health/privacy-notice-consumer-health-data/) govern your other information.

If Additional Terms conflict with these Terms, the Additional Terms control for the Service to which they apply.

MODIFICATIONS TO THESE TERMS

Primary may revise these Terms at any time. Should these Terms change materially, Primary will endeavor to give notice to you regarding the updated Terms, which notice may be given by sending an email to the email address we have on file for you (if any), posting a notice on the Site, or any other means. The new Terms will be effective as of their posting unless otherwise stated, except that material changes will take effect thirty (30) days after we give notice unless a change is required by law. Changes to the “Arbitration and Dispute Resolution Agreement” section apply only as described in that section. By accessing or using any of the Sites after such changes take effect, you agree and consent to all such changes.

DISCLAIMER

THE SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIMARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRIMARY DOES NOT WARRANT THAT THE SITES OR SERVICES WILL MEET YOUR OR ANY USER’S REQUIREMENTS OR SATISFACTION, THAT THE SITES OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

NO MEDICAL ADVICE; EMERGENCIES

The Sites, Services, and Content are provided to help you access information and health services. Content on the Sites is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment. Please review your test results with a qualified health care provider. No test is perfectly accurate, and false positive and false negative results can occur. If you think you may be having a medical emergency, call 911 or go to the nearest emergency room. Using the Sites does not create a provider-patient relationship between you and Primary, except to the extent that Primary, or a health care provider working with Primary, provides health care services to you as described when those services are offered. Telehealth visits and other health care services are provided by clinicians of Primary Diagnostics Medical Group P.A. d/b/a Primary.Health Medical under the Telehealth Consent you accept before your first visit.

REGISTRATION ON THE SECURE PORTAL

Some of Primary’s Sites can be used only by registered Users, require Users to register and log in, and are password protected (“Registered Users”). The password protected portions of the Sites are the “Secure Portals” (our patient portal at my.primary.health), through which you can access testing, vaccination, and other health services and your related records, including your protected health information (“Portal Services”). Our Privacy Policy explains which notice of privacy practices applies to that information and describes our other privacy practices. If you request a service from a health care provider or other organization through the Services, that organization’s authorized users will be able to access the information needed to perform the service.

PHONE NUMBERS AND EMAIL ADDRESSES

Registered Users must provide a phone number, email address, or both. We use them to send account and service notifications, such as appointment and result alerts, including messages we send on behalf of the health care provider or organization serving you; by supplying your phone number, you consent to receive these transactional text messages. We send marketing text messages only with your separate consent, which is not a condition of any purchase. See the Text Message Alerts section of our Privacy Policy for details, including how to stop messages.

SELF-PAY PAYMENT AND REFUNDS

You may be required to pay a fee to confirm your tests. All fees are in US Dollars, and all payments will be processed by a US bank. Users in the United States can pay with major credit and debit cards, such as Visa, Mastercard, and American Express. We reserve the right to require payment for Services to be made at or before the time of service. If you pay with a credit or debit card, Primary may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase shall be deemed to occur in California, US.

By purchasing any Services on or through the Site, you expressly authorize Primary, or a third-party payment processor on our behalf, to charge the method of payment that you have provided and to collect the full amount specified for the purchase you make. The processing of your payments will be subject to the terms, conditions, and privacy policies of our third-party payment processor. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your payment information.

If you decide that you cannot make your appointment/receive tests, please contact us immediately. We will be unable to process a refund if more than 30 days has passed since the tests were purchased, or if the laboratory has received your sample. You will receive a refund on the purchasing card, if applicable, less shipping and handling fees and a 20% cancellation fee to cover the cost of the tests.

On rare occasions, Primary may be unable to process your sample either because of an issue with the sample you submitted or due to an issue at the laboratory. If this occurs, we will, at our sole discretion, either (a) attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) request an additional appointment for testing so that you may submit another sample for the laboratory to process. In either case of (a) or (b), there will be no charge to you. If you submit a second sample and it still cannot be processed, please contact support@primary.health to discuss your options.

YOUR ACCOUNT AND RESPONSIBILITIES

You are responsible for keeping your credentials confidential, for all activity under your account, and for keeping your contact information current. Notify us at support@primary.health promptly of any unauthorized use of your account, and log out at the end of each session. We may act on instructions received through your account and may suspend access if we believe it is being misused. By registering, you represent that you are at least 18 years of age (or at least 13 if you register on your own for a Service that state law allows a minor to consent to, as described in “Children”), that you are the parent, guardian, or legally authorized representative of anyone you register on behalf of, that your registration information is accurate, and that you will comply with applicable law and these Terms.

TERMINATION

If we believe in our sole discretion that you have violated these Terms, your ability to use the Sites, Services, and/or Secure Portals will immediately terminate. In addition, Primary may, in its sole discretion, terminate, suspend, and/or limit your access to the Sites, Services, and/or Secure Portals, or any portion thereof, for any reason whatsoever without prior notice, including, without limitation (i) at the request of law enforcement, government agencies, or courts; (ii) if we discontinue or materially modify the Sites, Services, or Secure Portals (or any portion thereof); or (iii) if we believe in our sole discretion that your use of or access to the Sites, Services, or Secure Portals may create risk (including, but not limited to, legal risk) for us or our service providers or contractual partners, or other Users. These actions are in addition to any other right or remedy Primary may have available at law. Further, Primary shall not be liable to you or any third party for any such termination or discontinuance.

Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Sites, Services, and/or Secure Portals, shall survive, including, but not limited to, the “Disclaimer,” “No Medical Advice; Emergencies,” “Intellectual Property Rights and Content,” “Limitation of Liability,” “Indemnification,” “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.

PROHIBITED USES

In using the Sites, you agree not to: (a) send or transmit unlawful, infringing, harmful, harassing, or otherwise objectionable material, malicious code, or unsolicited advertising; (b) misrepresent your identity or affiliation, or collect or disclose information about other users; (c) gain or attempt to gain unauthorized access to the Sites, other users’ accounts, or connected systems, or circumvent any security feature; (d) copy, modify, reverse engineer, or create derivative works of the Sites, Services, or Content, or use automated means to access the Sites beyond what a conventional browser would; (e) remove or alter any copyright, trademark, or other notice; or (f) violate applicable law or these Terms, or assist anyone else in doing so.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

All materials on the Sites, including the text, information, data, content, images, graphics, design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by Primary or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of Primary and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Primary or its licensors. You are authorized to view the Sites and Content in accordance with these Terms. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Primary.

You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Sites or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded from the Sites or any website accessible through the Sites.

By submitting suggestions or other feedback regarding the Sites or Services, you agree that we and our licensors may use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).

EXTERNAL LINKS

The Sites may contain links to third-party websites. Linked sites are not under the control of Primary, and Primary is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Primary endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Primary disclaims any and all liability for any medical and health treatment information set forth on linked sites. A reference to a third party’s product or service does not imply our endorsement, and we are not responsible for statements made by third parties.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIMARY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITES OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, SERVICES, OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIMARY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PRIMARY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US $100). NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.

To the extent permitted by law, Primary is not liable to you or anyone else for any decision made or action taken based on information on the public portions of the Sites.

INDEMNIFICATION

You are solely responsible for the content of communications transmitted using the Sites, Services, or Content, and shall defend, indemnify, and hold Primary and its officers, directors, owners, employees, contractors, agents, successors, and assigns harmless from and against all claims, suits, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) incurred by us, arising out of or relating to:

(a) your breach of any term or condition of these Terms;

(b) your use or misuse of the Sites, Services, or Content; or

(c) your violation of applicable laws, rules, or regulations in connection with your use of the Sites, Services, or Content, including, without limitation, data privacy laws.

CHILDREN

The Sites are not directed to children under the age of 13. You must be at least 18 years of age to register for an account, except that where state law allows a minor who is at least 13 years old to consent to certain health services on the minor’s own, such as sexual health services offered through some public health programs, the minor may register for and use those Services as that law allows. A parent or legal guardian may register for and manage Services on behalf of a minor, and minors may use the Services through programs offered by schools or other organizations as those programs and applicable law permit. Primary does not knowingly collect personal information from children under the age of 13 without the consent of a parent or guardian.

ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal resolution first. Before starting an arbitration or small claims action, you and Primary each agree to send the other a written notice describing the Dispute and the relief requested (to Primary at contracts@primary.health) and to try in good faith to resolve it for at least thirty (30) days. Any applicable limitations period is paused during that time.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Sites or Services (collectively, “Disputes”) will be resolved exclusively by final, binding arbitration between you and Primary, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this section constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act. This section does not apply to Disputes arising out of or relating to the Provider Tools, which are governed by the Provider Tools Terms of Service, or to Disputes governed by another written agreement between you or your organization and Primary that contains its own dispute resolution provisions.

The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this section.

To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, including JAMS’s minimum standards for consumer arbitrations. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in San Francisco, California, unless the arbitrator determines, or Primary agrees, that the matter should proceed in the city or county where you reside.

The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. You and Primary also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Notwithstanding the foregoing, any claim for public injunctive relief will be severed from the arbitration and decided by a state or federal court located in San Francisco, California, after the arbitration of all other claims is complete, and the court may stay that claim until then.

EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM WILL BE DECIDED BY A COURT AND NOT IN ARBITRATION, AND THE REST OF THIS SECTION WILL CONTINUE TO APPLY.

Opting out. You may opt out of this arbitration agreement by sending written notice to contracts@primary.health within thirty (30) days after you first accept these Terms, including your name, the email address associated with your account, and a statement that you opt out of arbitration.

Changes to this section. If we change this section after you accept these Terms, the change will not apply to any Dispute of which we had notice before the change takes effect.

MISCELLANEOUS

These Terms, the Privacy Policy, and any Additional Terms that apply (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Sites, Services, and Content.

These Terms are governed by the laws of California, without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California. If for any reason a Dispute proceeds in court, you and Primary: (i) agree that any such Dispute may only be instituted in a state or federal court located in San Francisco, California, and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; and (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by any court having competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect, and the invalid, illegal, or unenforceable provision will be replaced by such valid, legal, and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.

We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

Legal notices to Primary must be sent by email to contracts@primary.health and by mail to Primary Diagnostics, Inc. d/b/a Primary.Health, Attn: Contracts, 595 Pacific Ave, Floor 4, San Francisco, CA 94133. We may send notices to you by email to the address associated with your account, through the Sites, or by posting them on the Sites.

California users: Under California Civil Code § 1789.3, California users are entitled to the following notice. The Services are provided by Primary Diagnostics, Inc. d/b/a Primary.Health, 595 Pacific Ave, Floor 4, San Francisco, CA 94133. Any charges for the Services are described when you purchase them. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

END USER TERMS REQUIRED BY APPLE

With respect to access to or use of any of our Sites (i.e., mobile applications) made available through the Apple App Store, you acknowledge and agree that: (a) these Terms are concluded between you and Primary, and not Apple, Inc. (“Apple”); (b) Primary and its licensors, and not Apple, are solely responsible for the Sites and the Content therein; (c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Sites; (d) in the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Sites, if applicable; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites; (f) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses (“Claims”) that you may have arising out of your use of the Sites, and you agree to contact Primary regarding any such Claims; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that any of the Sites infringe such third party’s intellectual property rights; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as a third-party beneficiary to enforce these Terms against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

QUESTIONS

Please contact us with any questions regarding the Sites, Services, or these Terms at support@primary.health OR:

Primary Diagnostics, Inc. d/b/a Primary.Health

595 Pacific Ave, Floor 4

San Francisco, CA 94133

1-855-970-3223